Convention for the Suppression of Unlawful Seizure of Aircraft [Hijacking Convention]
(The Hague, ! "ece#$er %&'( )ntr* into force generall*+ , -cto$er %& )ntr* into force for Australia+ % "ece#$er %&. AUST/A01A2 T/)AT3 S)/1)S %&. 2o4 ! Australian Government Publishing Service Canberra (c) Commonwealth of Australia 1996
C-25)2T1-2 6-/ TH) SU77/)SS1-2 -6 U20A86U0 S)19U/) -6 A1/C/A6T
7/)A:;0) TH) STAT)S 7A/T1)S T- TH1S C-25)2T1-2 C-2S1")/12< that unlawful acts of seizure or exercise of control of aircraft in flight eo!ar"ise the safet# of !ersons an" !ro!ert#$ seriousl# affect the o!eration of air services$ an" un"ermine the confi"ence of the !eo!les of the worl" in the safet# of civil aviation% C-2S1")/12< that the occurrence of such acts is a matter of grave concern% C-2S1")/12< that$ for the !ur!ose of "eterring such acts$ there is an urgent nee" to !rovi"e a!!ro!riate measures for !unishment of offen"ers%
HA5) A</))" AS 6-00-8S+ Article 1 An# !erson who on boar" an aircraft in flight& (a) unlawfull#$ b# force or threat thereof$ or b# an# other form of intimi"ation$ seizes$ or exercises control of$ that aircraft$ or attem!ts to !erform an# such act$ or (b) is an accom!lice of a !erson who !erforms or attem!ts to !erform an# such act commits an offence (hereinafter referre" to as 'the offence')(
Article ) *ach Contracting State un"erta+es to ma+e the offence !unishable b# severe !enalties(
Article ,
1( -or the !ur!oses of this Convention$ an aircraft is consi"ere" to be in flight at an# time from the moment when all its external "oors are close" following embar+ation until the moment when an# such "oor is o!ene" for "isembar+ation( .n the case of a force" lan"ing$ the flight shall be "eeme" to continue until the com!etent authorities ta+e over the res!onsibilit# for the aircraft an" for !ersons an" !ro!ert# on boar"(
)( /his Convention shall not a!!l# to aircraft use" in militar#$ customs or !olice services(
,( /his Convention shall a!!l# onl# if the !lace of ta+e0off or the !lace of actual lan"ing of the aircraft on boar" which the offence is committe" is situate" outsi"e the territor# of the State of registration of that aircraft% it shall be immaterial whether the aircraft is engage" in an international or "omestic flight(
1( .n the cases mentione" in Article 2$ this Convention shall not a!!l# if the !lace of ta+e0 off an" the !lace of actual lan"ing of the aircraft on boar" which the offence is committe" are situate" within the territor# of the same State where that State is one of those referre" to in that Article( 2( 3otwithstan"ing !aragra!hs , an" 1 of this Article$ Articles 6$ 4$ 5 an" 16 shall a!!l# whatever the !lace of ta+e0off or the !lace of actual lan"ing of the aircraft$ if the offen"er or the allege" offen"er is foun" in the territor# of a State other than the State of registration of that aircraft(
Article 1 1( *ach Contracting State shall ta+e such measures as ma# be necessar# to establish its uris"iction over the offence an" an# other act of violence against !assengers or crew committe" b# the allege" offen"er in connection with the offence$ in the following cases& (a) when the offence is committe" on boar" an aircraft registere" in that State% (b) when the aircraft on boar" which the offence is committe" lan"s in its territor# with the allege" offen"er still on boar"% (c) when the offence is committe" on boar" an aircraft lease" without crew to a lessee who has his !rinci!al !lace of business or$ if the lessee has no such !lace of business$ his !ermanent resi"ence$ in that State( )( *ach Contracting State shall li+ewise ta+e such measures as ma# be necessar# to establish its uris"iction over the offence in the case where the allege" offen"er is !resent in its territor# an" it "oes not extra"ite him !ursuant to Article 5 to an# of the States mentione" in !aragra!h 1 of this Article( ,( /his Convention "oes not exclu"e an# criminal uris"iction exercise" in accor"ance with national law(
Article 2
/he Contracting States which establish oint air trans!ort o!erating organizations or international o!erating agencies$ which o!erate aircraft which are sub ect to oint or international registration shall$ b# a!!ro!riate means$ "esignate for each aircraft the State among them which shall exercise the uris"iction an" have the attributes of the State of registration for the !ur!ose of this Convention an" shall give notice thereof to the .nternational Civil Aviation 7rganization which shall communicate the notice to all States Parties to this Convention(
Article 6 1( 8!on being satisfie" that the circumstances so warrant$ an# Contracting State in the territor# of which the offen"er or the allege" offen"er is !resent$ shall ta+e him into custo"# or ta+e other measures to ensure his !resence( /he custo"# an" other measures shall be as !rovi"e" in the law of that State but ma# onl# be continue" for such time as is necessar# to enable an# criminal or extra"ition !rocee"ings to be institute"( )( Such State shall imme"iatel# ma+e a !reliminar# en9uir# into the facts( ,( An# !erson in custo"# !ursuant to !aragra!h 1 of this Article shall be assiste" in communicating imme"iatel# with the nearest a!!ro!riate re!resentative of the State of which he is a national( 1( :hen a State$ !ursuant to this Article$ has ta+en a !erson into custo"#$ it shall imme"iatel# notif# the State of registration of the aircraft$ the State mentione" in Article 1$ !aragra!h 1(c)$ the State of nationalit# of the "etaine" !erson an"$ if it consi"ers it a"visable$ an# other intereste" States of the fact that such !erson is in custo"# an" of the circumstances which warrant his "etention( /he State which ma+es the !reliminar# en9uir# contem!late" in !aragra!h ) of this Article shall !rom!tl# re!ort its fin"ings to the sai" States an" shall in"icate whether it inten"s to exercise uris"iction(
Article 4 /he Contracting State in the territor# of which the allege" offen"er is foun" shall$ if it "oes not extra"ite him$ be oblige"$ without exce!tion whatsoever an" whether or not the offence was committe" in its territor#$ to submit the case to its com!etent authorities for the !ur!ose of !rosecution( /hose authorities shall ta+e their "ecision in the same manner as in the case of an# or"inar# offence of a serious nature un"er the law of that State(
Article 5 1( /he offence shall be "eeme" to be inclu"e" as an extra"itable offence in an# extra"ition treat# existing between Contracting States( Contracting States un"erta+e to inclu"e the offence as an extra"itable offence in ever# extra"ition treat# to be conclu"e" between them( )( .f a Contracting State which ma+es extra"ition con"itional on the existence of a treat# receives a re9uest for extra"ition from another Contracting State with which it has no extra"ition treat#$ it ma# at its o!tion consi"er this Convention as the legal basis for extra"ition in res!ect of the offence( *xtra"ition shall be sub ect to the other con"itions !rovi"e" b# the law of the re9ueste" State( ,( Contracting States which "o not ma+e extra"ition con"itional on the existence of a treat# shall recognize the offence as an extra"itable offence between themselves sub ect to the con"itions !rovi"e" b# the law of the re9ueste" State( 1( /he offence shall be treate"$ for the !ur!ose of extra"ition between Contracting States$ as if it ha" been committe" not onl# in the !lace in which it occurre" but also in the territories of the States re9uire" to establish their uris"iction in accor"ance with Article 1$ !aragra!h 1(
Article 9 1( :hen an# of the acts mentione" in Article 1(a) has occurre" or is about to occur$ Contracting States shall ta+e all a!!ro!riate measures to restore control of the aircraft to its lawful comman"er or to !reserve his control of the aircraft( )( .n the cases contem!late" b# the !rece"ing !aragra!h$ an# Contracting State in which the aircraft or its !assengers or crew are !resent shall facilitate the continuation of the ourne# of the !assengers an" crew as soon as !racticable$ an" shall without "ela# return the aircraft an" its cargo to the !ersons lawfull# entitle" to !ossession(
Article 16 1( Contracting States shall affor" one another the greatest measure of assistance in connection with criminal !rocee"ings brought in res!ect of the offence an" other acts
mentione" in Article 1( /he law of the State re9ueste" shall a!!l# in all cases( )( /he !rovisions of !aragra!h 1 of this Article shall not affect obligations un"er an# other treat#$ bilateral or multilateral$ which governs or will govern$ in whole or in !art$ mutual assistance in criminal matters(
Article 11 *ach Contracting State shall in accor"ance with its national law re!ort to the Council of the .nternational Civil Aviation 7rganization as !rom!tl# as !ossible an# relevant information in its !ossession concerning& (a) the circumstances of the offence% (b) the action ta+en !ursuant to Article 9% (c) the measures ta+en in relation to the offen"er or the allege" offen"er$ an"$ in !articular$ the results of an# extra"ition !rocee"ings or other legal !rocee"ings(
Article 1) 1( An# "is!ute between two or more Contracting States concerning the inter!retation or a!!lication of this Convention which cannot be settle" through negotiations$ shall$ at the re9uest of one of them$ be submitte" to arbitration( .f within six months from the "ate of the re9uest for arbitration the Parties are unable to agree on the organization of the arbitration$ an# one of those Parties ma# refer the "is!ute to the .nternational Court of ;ustice b# re9uest in conformit# with the Statute of the Court( )( *ach State ma# at the time of signature or ratification of this Convention or accession thereto$ "eclare that it "oes not consi"er itself boun" b# the !rece"ing !aragra!h( /he other Contracting States shall not be boun" b# the !rece"ing !aragra!h with res!ect to an# Contracting State having ma"e such a reservation( ,( An# Contracting State having ma"e a reservation in accor"ance with the !rece"ing !aragra!h ma# at an# time with"raw this reservation b# notification to the <e!ositar# Governments(
Article 1, 1( /his Convention shall be o!en for signature at /he =ague on 16 <ecember 1946$ b# States !artici!ating in the .nternational Conference on Air >aw hel" at /he =ague from 1 to 16 <ecember 1946 (hereinafter referre" to as /he =ague Conference)( After ,1 <ecember 1946$ the Convention shall be o!en to all States for signature in ?oscow$ >on"on an" :ashington(@1A An# State which "oes not sign this Convention before its entr# into force in accor"ance with !aragra!h , of this Article ma# acce"e to it at an# time( )( /his Convention shall be sub ect to ratification b# the signator# States( .nstruments of ratification an" instruments of accession shall be "e!osite" with the Governments of the 8nion of Soviet Socialist Be!ublics$ the 8nite" Cing"om of Great Dritain an" 3orthern .relan"$ an" the 8nite" States of America$ which are hereb# "esignate" the <e!ositar# Governments(@)A ,( /his Convention shall enter into force thirt# "a#s following the "ate of the "e!osit of instruments of ratification b# ten States signator# to this Convention which !artici!ate" in /he =ague Conference(@,A 1( -or other States$ this Convention shall enter into force on the "ate of entr# into force of this Convention in accor"ance with !aragra!h , of this Article$ or thirt# "a#s following the "ate of "e!osit of their instruments of ratification or accession$ whichever is later(@1A 2( /he <e!ositar# Governments shall !rom!tl# inform all signator# an" acce"ing States of the "ate of each signature$ the "ate of "e!osit of each instrument of ratification or accession$ the "ate of entr# into force of this Convention$ an" other notices( 6( As soon as this Convention comes into force$ it shall be registere" b# the <e!ositar# Governments !ursuant to Article 16) of the Charter of the 8nite" 3ations an" !ursuant to Article 5, of the Convention on .nternational Civil Aviation (Chicago$ 1911)(
Article 11
1( An# Contracting State ma# "enounce this Convention b# written notification to the <e!ositar# Governments( )( <enunciation shall ta+e effect six months following the "ate on which notification is receive" b# the <e!ositar# Governments( 12 81T2)SS 8H)/)-6 the un"ersigne" Pleni!otentiaries$ being "ul# authorise" thereto b# their Governments$ have signe" this Convention( "-2) at /he =ague$ this sixteenth "a# of <ecember$ one thousan" nine hun"re" an" sevent#$ in three originals$ each being "rawn u! in four authentic texts in the *nglish$ -rench$ Bussian an" S!anish languages(
@Signatures not re!ro"uce" here(A @1A Signe" for Australia at >on"on$ ?oscow an" :ashington 12 ;une 1941( @)A .nstruments of ratification "e!osite" for Australia at >on"on$ ?oscow an" :ashington 9 3ovember 194)( @,A /he Convention entere" into force generall# 11 7ctober 1941( @1A /he Convention entere" into force for Australia 9 <ecember 194)(
